6th Circuit

In suit by police and union representative, court holds city’s policy of not allowing private recording or videotaping interviews in city investigations into police misconduct did not violate First Amendment; prohibition on recording speech is not a prohibition on speaking; freedom of the press right of access to information does not require government to open all proceedings to public; officers’ appearance at interviews is a legitimate condition of employment and nonrecording policy rationally furthers a legitimate government interest.

Officials who testified at depositions in civil case did not waive Fifth Amendment privilege at trial in same case.

Assuming plaintiff did not actively resist arrest, taking him to ground, beating him, and fracturing his wrist would violate clearly establish rights and foreclose qualified immunity.

One has the right to be free from physical force and use of taser when one is not actively resisting police.

Plaintiff sufficiently alleged subjective prong of claim under 8th Amendment for failure to protect prisoner from widespread presence of drugs at state prison, based on claim that prisoner’s risk of death from fentanyl was obvious to warden, warden’s assistant, and two inspectors, because in days immediately preceding prisoner’s death two other prisoners in unit of 12 -16 prisoners had overdosed.

Absence of knowledge of identity of corrections officer who allegedly orchestrated a drug smuggling ring at prison was not a “mistake” regarding officer’s identity, as would allow claims against officer to relate back for limitations purposes under FRCP 15(c)(1)(c)).

Claim for failing to provide medical care for knee injury suffered during arrest by first taking plaintiff to jail rather than hospital and relying on jail nurse’s opinion that injury did not require further attention was governed by 14th Amendment’s due process clause, not 4th Amendment; claim was based on period after arrest, but before finding of probable cause.

Officers demanded that woman escort them to examine cattle on the property, refused to wait until her husband returned home, woman was “seized” within meaning of Fourth Amendment; court denies qualified immunity; “cases clearly establish that forced compliance with orders is a Fourth Amendment seizure.

Officers had qualified immunity for restraining deceased who said he was overdosing on cocaine by crossing his ankles and folding his legs at the knee toward his buttocks, while one officer used his knee on suspect’s upper back while he was lying face first on the ground and resisting, but officers did not hobble him and did not apply compression to his chest; law was not clearly established.

Full pardon by governor satisfies Heck’s invalidation requirement.